P.

P. v. Khek CA6

Good Law
Court of Appeal of CaliforniaApril 25, 2013H036185California11,911 words

Opinion

Opinion

BACKGROUND

Viet Society (VS) and Strictly Family (SF) are rival criminal street gangs in San Jose. Defendants are VS members. On August 29, 2007, SF gang members drove to and stopped at the Magic Sands Mobile Home Park where several of defendants‟ friends were sitting on the grass near a swimming pool. One of the friends, Tuan Nguyen, began arguing with a passenger in the SF car, and the passenger pulled out a gun and shot Nguyen three times. Another of the friends recognized the shooter and identified him to the police. Another friend described the car and a partial license plate number to the police. The police arrested the shooter and owner of the car for attempted murder. When defendants found out about the shooting, they began to plot revenge against SF via computer instant messaging. For example, Lee told Khek that he was going to find out where the shooter lived and added: “Oh yeah. I found out that this Anthony [Nguyen] kid from Andrew Hill [High School] lives with Johnny. . . . [¶] . . . [¶] . . . We start by taking them out one by one. [¶] . . . [¶] . . . Just hit them up. Let‟s kill this Anthony kid from A Hill. He‟s a kid, too, just like Tuan. Eye for an eye.” And…

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